Penmate Inmate Support Guides
md-cannabis-citation-vs-arrest

If someone is caught with a small amount of cannabis in Maryland, will police arrest them or issue a citation?

Worried a loved one might get arrested over a small amount of cannabis? Maryland law draws a clear line: for certain low-level amounts, officers must issue a citation instead of making an arrest.

• 1 min read • mdcourts.gov
If someone is caught with a small amount of cannabis in Maryland, will police arrest them or issue a citation?

Under Maryland law, if someone has a

Definitions Thresholds

  • ✓ Personal use amount (usable cannabis): 1.5 ounces or less
  • ✓ Civil use amount (usable cannabis): more than 1.5 ounces, up to 2.5 ounces

The citation-only rule hinges on those

The

Note: Cultivation can become unlawful if the grower doesn't secure the plants properly - for example, by failing to use an enclosed, locked space that keeps out unauthorized people and anyone under 21.

If someone is caught with a small amount of cannabis in Maryland, will police arrest them or issue a citation?
  1. Get a copy of the paperwork - Ask for the citation (or charging document) and keep it somewhere safe.
  2. Check how it’s labeled - Look for whether it’s written up as a civil citation tied to a personal/civil amount, or whether it lists a criminal charge (for example, possession over the civil threshold, intent to distribute, or growing/manufacturing).
  3. Ask what the officer says the charge is - If anything is unclear, get clarification in plain language: “Is this a civil citation or a criminal charge?”
  4. Don’t guess your next steps - If the paperwork suggests a criminal case (over-threshold possession, distribution-related allegations, or growing/manufacturing issues), getting legal advice early can prevent missed deadlines and avoidable mistakes.

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